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INTESTACY RULES IN ENGLAND AND WALES

CHANGES AS OF 1ST OCTOBER 2014 AT A GLANCE.

 

Death before to 1st October 2014

Death after 1st October 2014

Surviving spouse/civil partner and no children

The first £450K of the estate and an equal half of the estate exceeding £450K. The other half would then pass to blood relatives in the order of priority set out below.

The entire estate.

Surviving spouse /civil partner with children

The surviving spouse/civil partner  would be entitled to the first £250K of the estate and a life interest in half of the estate exceeding £250K.

Children would be entitled to receive equally half of the estate exceeding £250k and, on the death of the surviving spouse/civil partner , they would receive the proportion of the estate which was subject to the life interest for the surviving spouse/ civil partner.

The surviving spouse/civil partner  would be entitled to the first £250K of the estate and an equal half of the estate exceeding £250K outright.

Children would be entitled to share an equal half share of the estate exceeding £250K, subject to them turning 18 years of age.

*Children who are under the age of 18 but are later adopted to someone else would now be entitled to receive an interest in the estate as a child of the deceased.

Unmarried partners and no children

Surviving partner has no entitlement under the intestacy rules. The estate passes to blood relatives in order of priority.

Surviving partner has no entitlement under the intestacy rules. The estate passes to blood relatives in order of priority.

Unmarried partners with children

The estate passes to surviving children, or their descendants, subject to them turning 18 years of age.

The estate passes to surviving children, or their descendants, subject to them turning 18 years of age.

 

1. Children or their descendants
2. Parents
3. Brothers or sisters or their descendants
4. Half siblings or their descendants
5. Grandparents
6. Uncles and/or aunts or their descendants
7. Half uncles and/or aunts or their descendants
8. Whole estate passes to the crown.

 

The above is to be used as a general guide only. If you have any concerns about how the changes affect you, you should seek specific legal advice.

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